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N-2021-104 <br />Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and <br />in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and <br />exemptions. Said inability shall be cause for termination of this Agreement. <br />21. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of <br />this Agreement, and shall indemnify City fully, including reasonable costs and <br />attorney's fees, for any injuries or damages to City in the event that such authority <br />or power is not, in fact, held by the signatory or is withdrawn. <br />b. All exhibits referenced herein and attached hereto shall be incorporated as if fully <br />set forth in the body of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first <br />above written. <br />ATTEST: <br />s f; <br />Daisy Gomez <br />Clerk of the Council <br />APPROVED AS TO FORM <br />SONIA R. CARVALHO <br />City Attorney <br />By: I$,. <br />J M. Funk <br />Senior Assistant City Attorney <br />RECOMMENDED FOR APPROVAL <br />Nabil Saba, P.E. <br />Executive Director <br />Public Works Agency <br />CITY OF SANTA ANA <br />Kristine Ridge <br />City Manager <br />CONSULTANT <br />I,IA r of tli 111 1 - <br />Name: Kathleen Higgins <br />Title: Director of Technical Practices <br />Page 8 of 8 <br />